Securing Rights for Victims: A Process Evaluation of the National Crime Victim Law Institute's Victims' Rights Clinics

Overview

This book discusses how some clinics have won significant gains at the appellate and federal court levels concerning victim standing, the rights to be consulted and heard, and the right to privacy. Some have won significant victories in gaining standing for victims and expanding the definition of particular rights. Others are enjoined in the battle. But all have raised awareness of victims' rights in the justice system.

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Securing Rights for Victims: A Process Evaluation of the National Crime Victim Law Institute's Victims' Rights Clinics

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Overview

This book discusses how some clinics have won significant gains at the appellate and federal court levels concerning victim standing, the rights to be consulted and heard, and the right to privacy. Some have won significant victories in gaining standing for victims and expanding the definition of particular rights. Others are enjoined in the battle. But all have raised awareness of victims' rights in the justice system.

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Product Details

  • ISBN-13: 9780833048905
  • Publisher: Rand Publishing
  • Publication date: 1/16/2010
  • Pages: 136
  • Product dimensions: 6.00 (w) x 8.90 (h) x 0.50 (d)

Table of Contents

Preface iii

Figures ix

Tables xi

Summary xiii

Abbreviations xxiii

Chapter 1 Introduction 1

Topics Addressed in the Process Evaluation 2

Evaluation Methods 4

Layout of the Monograph 6

Chapter 2 The Development of Crime Victims' Rights in the United States 9

Enforceability of Crime Victims' Rights 12

Chapter 3 National Crime Victim Law Institute and Clinic Goals 15

Clinic Grant Requirements 18

NCVLI Support for the Clinics 19

General Organizational Support 20

Direct Legal Technical Assistance 20

Fostering Peer Support 20

Chapter 4 Victims' Rights Developments in Clinic States 23

Victim Standing 23

Arizona 24

Maryland 25

Utah 26

South Carolina 27

New Jersey 28

New Mexico 28

Colorado 29

Idaho 29

Laws That Further Crime Victims' Representation in Criminal Matters 29

Crime Victims' Right to Privacy 30

Other Changes 32

Chapter 5 Clinic Operations 33

Type of Business Model 34

Law Clinic Model 34

Statewide Victim-Service Provider Model 35

Other Partnership Models 36

Independent Law-Firm Model 37

Use of Pro Bono Attorneys and Student Help 37

Addressing Victims' Nonlegal Needs 41

Chapter 6 Outreach and Sources of Clients 43

Referral Sources 44

Case Load Size and Composition 46

Rights Issues Dealt with in Cases Opened by the State Clinics 48

Geographic Diversity of Case Load 50

Chapter 7 Clinic Work in Trial Courts 53

Standing to Appear Before the Court 53

Clinics' Approach to Trial-Court Advocacy 55

Victims' Rights Issues 58

Precharge Cases 59

Confer with the Prosecutor 59

Right to Privacy 60

Right to Be Heard 60

Right to Review the Presentence Report 61

Other Types of Assistance 61

Federal Cases 62

Chapter 8 Clinic Work at the Appellate Level 63

Clinic Cases Representing Victims 64

Clinic as Amicus 69

Chapter 9 Implementation Challenges 73

Resistance to Change 73

Staff Turnover or Inexperience 74

Demand for Services 75

Sustainability 76

Chapter 10 Clinic Successes and Promising Practices 79

Offering Help to Prosecutors 79

Offering Free Continuing Legal Education Training for Pro Bono Attorneys 80

Writing Detailed and Well-Researched Briefs on Victims' Rights Issues 80

Being Willing to Take a Risk 81

Using Losses to Spur Change 81

Positioning the Clinic as the Expert on Victims' Rights 81

Gaining Word-of-Mouth Referrals 81

Offering Services to Victims in High-Profile Cases 82

Thinking Outside the Box on Sustainability 82

Chapter 11 Conclusions and Recommendations 83

Thoughts on the Future of the Demonstration Project 84

Thoughts on Future Evaluation Work 87

Final Thoughts 88

References 89

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